Second E. coli lawsuit expected against fair

A second lawsuit is expected to be filed this week against the Cleveland County Fair in the wake of an E. coli outbreak that left more than 100 people sick and one child dead.

O. Max Gardner III, representing the fair, said he had received notification of an intent to file a civil action on behalf of Dominic Westfall, a child who contracted E. coli following a visit to the fair, but it has not yet been served.

Gardner said the Circle G Ranch petting zoo will also be a defendant along with the Cleveland County Fair.

According to the ranch's website, they are located in Strawberry Plains, Tenn.

A phone call to the ranch was not returned Tuesday.

Mark Kurdys, one of the attorneys representing the Westfalls, said the civil complaint involves the petting zoo, the zoo operator and the fair operator.

"Given the astounding number of outbreaks related specifically to the petting zoo and animal set ups, it's astouding more and better precautions still are not taken," he said Tuesday.

Health officials have confirmed the petting zoo was the source of the E. coli outbreak and consistent heavy rains may have also played a role in spreading contamination by washing waste to nearby parking lots and walking areas.

At the outbreak's peak, 106 people were battling E. coli symptoms with more than half of them 18 years old or younger.

More than a dozen were hospitalized and seven are battling a disorder that causes kidney failure. Two-year-old Gage Lefevers from Gaston County died of complications from E. coli symptoms.

A state health investigation of the outbreak found no evidence fair officials broke any laws or guidelines.

Kurdys, an Asheville attorney, said the civil complaint was mailed Monday.

He said he is working with Bill Marler, a prominent foodborne illness lawyer from Seattle.

Kurdys said the Westfall family initially contacted Marler's firm.

"They are clearly the leading foodborne and E. coli law firm in the country," he said. "Bill and I have been involved in litigation involving an E. coli outbreak from a petting zoo in Raleigh."

Kurdys said part of the lawsuit has been resolved, but "part of it is still pending before North Carolina Industrial Commission."

He said the commission handles workers compensation claims as well as all claims that deal with state agencies.

In the state of North Carolina, complainants file for an amount in excess of $10,000 but cannot state a specific amount, Kurdys said.

He did not want to identify the plaintiffs in the lawsuit but did say Dominic was an infant.

Fair Manager Calvin Hastings previously told The Star that the fair operated five animal-petting areas and each was required to operate a hand-washing station. There was a total of nine, each with a sign that read "Please wash your hands."

Hastings said the hand-washing stations were manned by seven or eight volunteers who replenished soap on a rotation.

The fair manager said officals took all necessary steps to ensure food vendors, animals and rides were inspected and certified for optimum health and safety conditions.

Reach reporter Rebecca Clark at 704-669-3344 or rclark@shelbystar.com or follow on Twitter @TheStarRebecca.